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Deficiency in service by banks in operation of lockers

(Querist) 03 February 2012 This query is : Resolved 
Locker opened in a bank by husband and wife jointly and no instructions given to the bank for operation of the locker by both jointly or by any one. Husband dies after one month of the opening of locker. Now after the death of her husband, wife approached the concerned bank after about one month for the operation of the locker but the bank refuses to the wife for operation of the locker. Her gold and other things lying in the said locker. Now what should the wife do for operation of the locker. Request to guide with relevant provisions.
Devajyoti Barman (Expert) 03 February 2012
The bank may be asking for Succession certificate as the joint holder who is deemed to be joint owner of the locker has died.
So no problem. Ask the wife and of their children to apply for succession certificate so the valuables in the locker is distributed among the legal heirs of the husband in their due share.
Balram Kumar Sharma (Querist) 03 February 2012
Thanks. Wife has one and half year old daughter and mother of her husband. Mother in law is not helping her for the same. In these circumstances what should she do. Can't she file a complaint in the consumer forum please.
prabhakar singh (Expert) 03 February 2012
BANK IS RIHT IN DEMANDING SUCCESSION AND IT CAN NOT BE CALLED DEFICIENCY OF SERVICE.
YOU MAY NEGOTIATE BANK FOR FURNISHING INDEMNITY BOND,MAY BE BANK SHALL AGREE.

NO FORUM CASE MADE OUT IN GIVEN FACTS.
Devajyoti Barman (Expert) 03 February 2012
The consumer forum ca not help it.
If you file petition for succession certificate the court itself would distribute your share in your favour including your daughter.
Balram Kumar Sharma (Querist) 03 February 2012
Thanks Sir. She will be advised to take this opportunity also.


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